SAN FRANCISCO - A new lawsuit alleges a stuck lid on a cryopreservation tank ruined the embryos and eggs of patients who were storing them there.
I.K. filed a federal complaint on August 4 in the U.S. District Court Northern District of California against Chart Inc. According to the complaint, on March 4, 2018, during a walkthrough of a laboratory at the Pacific Fertility Center, an embryologist discovered the lid of one of the cryopreservation tanks was stuck in place and condensation had pooled on the floor.
That tank contained 2,500 embryos and 1,500 eggs from patients who had undergone egg-retrieval or IVF procedures. The embryologists at PFC worked quickly to transfer the eggs and embryos to another tank and later alerted the affected patients, which included the plaintiff.
At the time of this widely publicized incident, PFC could not say why its cryopreservation tank had failed so suddenly or how much the eggs and embryos stored inside would be affected. Expert analysis of the tank conducted since the incident has revealed that the tank failed due to a defective weld near the bottom of the tank, the suit says.
The weld was too thin and the fit between the welded portions of the tank was improper, the suit says. As a result, the weld was unable to withstand long-term exposure to normal thermal stresses and eventually cracked, the suit says.
When it did, the tank immediately lost its vacuum insulation and ability to maintain a safe temperature for the PFC patients’ eggs and embryos. Expert analysis conducted since the tank failure has, unfortunately, also confirmed that the vast majority of the frozen eggs and embryos stored inside when the weld cracked are no longer viable, the suit says. Under California products liability law, Defendant Chart is strictly liable for the harm resulting from its defective weld, the suit says.
I.K. seeks damages, pre-judgement interest, attorney's fees and cost of suit. I.K. is represented by Adam E. Polk of Girard Sharp, LLP.
U.S. District Court Northern District of California case number 3:21-cv-06020-AGT